TERMS & CONDITIONS

Website Terms of Use

These terms of use set out important information regarding your rights, obligations and the restrictions that may apply when you use our website at tute.hk (including, without limitation, learn.tute.com/hk/) (the “Website”). We recommend that you read these terms of use carefully before using the Website.

Any reference to “you” or “your”, means you as a customer of our services and/or as a user of our Website.  Any reference to “we”, “us”, “our” or “Tute” is to Tute Hong Kong Limited.  You acknowledge and agree that, if applicable, you are responsible for the use of the Website and compliance with these terms of use by any minor in your care (“your student“).

These terms of use govern the relationship between you, your student (if applicable) and us when you and, if applicable, your student access and use our Website.  By accessing and continuing to use the Website, you agree to be legally bound by these terms of use.  Please note that we may update and amend these terms of use from time to time and any changes will be posted on the Website.  However, it is your responsibility to ensure you review these terms of use regularly to familiarise yourself with any changes.  If you do not agree with any of our terms of use then you and, if applicable, your student should not use our Website.

You may be asked to agree to further terms and conditions when using specific services for example purchasing or providing services via the Website. If there is any inconsistency between these terms of use and any such terms and conditions, the latter terms and conditions shall prevail.

These terms may be translated into other languages.  If there is any inconsistency between the English version of these terms and another language’s version of these terms, the English version of these terms shall prevail.

INFORMATION ABOUT US

We operate the Websites tute.hk. We are Tute Hong Kong Limited, a company incorporated in Hong Kong under company number 2263739 and with our registered office at 1202, Block C, Sea View Estate, 8 Watson Road, North Point, Hong Kong.

ACCESSING OUR WEBSITE AND AVAILABILITY

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.

While we endeavour to ensure that this Website is normally available 24 hours a day, we cannot promise that our Website will be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition. The Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Website is discontinued, modified or changed in any way. 

We shall not be liable for any failure, any suspension or any termination of access to the Website in connection with or arising out of a force majeure event.  In these terms of use, a “force majeure” event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, interruption or failure in communications networks and facilities (including the internet), fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents.

You are responsible for making all arrangements necessary for you and, if applicable, your student to have access to our Website.  You are also responsible for ensuring all persons who access our Website through your internet connection are aware of these terms, and that they comply with them. 

REGISTRATION

You and, if applicable, your student may be required to register your details and/or open an account to access some areas of the Website, including our email newsletter, or to order any services.  You undertake to complete, whether for you or, if applicable, your student, the registration form fully, and that all information provided is up to date, true, accurate and complete. Any student account will be a separate account to yours but controlled, managed and your student supervised by you.

Each registration is for a single user only. We do not permit you to share your password with any other person nor with multiple users on a network though, if applicable, you can share your student’s password with your student.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

YOUR USE OF THE WEBSITE

You and, if applicable, your student must comply with our Acceptable Use Policy which form part of these terms of use.

You agree that you and, if applicable, your student will not use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity or that is fraudulent, or has any unlawful or fraudulent purpose or effect.  Furthermore, you agree not to do anything, and shall procure, if applicable, that your student does not do anything that may cause damage to the Website or our servers, systems or equipment or those of third parties, nor access any users’ data or penetrate or circumvent any Website security measures or attempt to do any such acts.

You agree, unless expressly agreed otherwise, not to, and shall procure, if applicable, your student does not, give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any of your activities.

You accept that you and, if applicable, your student are able to stop using the Website at any time and at your sole discretion. We reserve the right to suspend, restrict or terminate your and, if applicable, your student’s access to the Website or any part of it at any time at our sole discretion. 

We may also ban or suspend you and, if applicable, your student as a user of the Website if you do not or, if applicable, your student does not comply with these terms of use and, in such an event, your or, if applicable, your student’s permission to use this Website shall terminate and you and, if applicable, your student must as soon as reasonably practicable destroy any downloaded or printed extracts from this Website.

LICENCE

You and, if applicable, your student grant to us a worldwide, royalty-free, revocable, non-exclusive licence (including the right to sub-license) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform or display any content (in whole or part) you and, if applicable, your student uploads, posts or emails and/or to incorporate such content in other works in any form, media or technology now known or developed.

COMPENSATION

You agree to compensate and hold us and our subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any content you or, if applicable, your student uploads, posts or emails on or through our Website, your use or, if applicable, your student’s use of our Website, or your breach of the provisions of these terms of use.  We agree to use our reasonable endeavours to mitigate our losses.

SANCTIONS

As soon as we are made aware of activities that breach our terms of use or our privacy and cookies policy, prompt action will be taken. If you witness such breaches please notify help@oepasia.com  immediately.

We may at any time move, modify or remove any content or take further legal action as a result of breaches or suspected breaches of our terms of use or our privacy and cookies policy, any applicable laws or regulations, or where our rights or third party rights are threatened or infringed.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all copyright and other intellectual property rights in our Website, and in the material published on it.  Those works are protected by intellectual property laws and treaties around the world.  All such rights are reserved.

The names, images and logos identifying us, companies in our group, our partners or third parties and our/their products and services are proprietary marks and may not be reproduced or otherwise used without express permission.

The contents of the Website including (without limitation) web pages, computer codes of elements comprising the Website, and any software or application provided or licensed to you by us may not be copied, reproduced, communicated and/or made available to the public, republished, downloaded, posted, recorded, broadcast or transmitted or used in any other way except for your own personal, private and non-commercial use, unless otherwise expressly permitted by us.

You and, if applicable, your student may print off one copy, and may download extracts, of any page(s) from our Website for your or, if applicable, your student’s personal reference and you may draw the attention of others within your organisation (if applicable) to material posted on our Website. 

You and, if applicable, your student must not modify the paper or digital copies of any materials you and, if applicable, your student have printed off or downloaded in any way, and you and, if applicable, your student must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.

You and, if applicable, your student must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you or, if applicable, your student print off, copy or download any part of our Website in breach of these terms of use, your and, if applicable, your student’s right to use our Website will cease immediately and you and, if applicable, your student must, at our option, return or destroy any copies of the materials you or, if applicable, your student have made.

This restriction does not include your and, if applicable, your student’s ability to use any of our “sharing” functions (for example, liking and sharing our Website on Facebook) in accordance with that third party’s own terms and conditions.

OUR WEBSITE CHANGES REGULARLY

We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

RELIANCE ON INFORMATION POSTED AND DISCLAIMER

While we endeavour to ensure that the information on this Website is correct, we make no promise nor do we give any warranty or guarantee regarding the accuracy and completeness of the material on this Website. Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such information, commentary and materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

OUR LIABILITY

Nothing in these terms of use shall exclude or limit our liability for death or personal injury resulting from our negligence or from any fraud or fraudulent misrepresentation nor any other liability which cannot be excluded or limited under applicable law.

If we fail to comply with these terms of use, we shall only be liable to you for any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by us at the time we drafted these Terms of Use.  We will not be liable for losses that result from our failure to comply with these terms of use that fall into the following categories: loss of income or revenue (whether direct or indirect); loss of business (whether direct or indirect); loss of profits (whether direct or indirect); loss of anticipated savings (whether direct or indirect); loss of data (whether direct or indirect); or waste of management or office time (whether direct or indirect). However, this will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded in the former categories.

Our maximum aggregate liability under or in connection with these Terms of Use whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to 24,000 Hong Kong dollars.

The material displayed on our Website is provided “as is” without any guarantees, conditions or warranties (promises) as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties (promises) and other terms which might otherwise be implied by statute, common law or the law of equity.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE

We process information about you in accordance with our privacy and cookies policy. By using our Website, you consent to such processing and you warrant (promise) that all data provided by you or, if applicable, your student is accurate.

VIRUSES, HACKING AND OTHER OFFENCES

You must not, and shall procure that, if applicable, your student must not, misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not and shall procure that, if applicable, your student must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not and shall procure that, if applicable, your student must not  attack our Website via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you or, if applicable, your student may commit a criminal offence under the UK Computer Misuse Act 1990 or the Hong Kong Telecommunications Ordinance (cap. 106), the Hong Kong Crimes Ordinance (cap 200) or the Hong Kong Theft Ordinance (cap 210). We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your or, if applicable, your student’s identity to them. In the event of such a breach, your and, if applicable, your student’s right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your or, if applicable, your student’s use of our Website or to your or, if applicable, your student’s downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. If you are permitted to link to our Website, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above.

If you or, if applicable, your student wish to make any use of material on our Website other than that set out above, please address your request to info@oepasia.com.

LINKS FROM OUR WEBSITE

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

SEVERANCE

If any provision of these terms of use shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these terms of use which shall remain in full force and effect.

LAW AND JURISDICTION

The Hong Kong courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we both retain the right to bring proceedings against each other for breach of these conditions in your country of residence or any other relevant country. 

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Hong Kong.

This Website is based in Hong Kong and is intended for users in Hong Kong. We make no representations that the materials and Website are suitable for users outside Hong Kong, and if you choose to access the Website from outside of Hong Kong you are responsible for ensuring compliance with all relevant local laws. 

VARIATIONS

We may, acting reasonably, revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Website.

YOUR CONCERNS

If you have any concerns about material which appears on our Website, please contact help@oepasia.com.

These terms and conditions were last updated on November 11th 2015.